EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.7
Projections and Setbacks

The intent of these projection and setback regulations is to provide for adequate open spaces, promote and protect the public health, safety and welfare, and establish uniform standards. The regulations should, therefore, protect property values; protect the public from damage or injury which may be attributable to distractions or obstructions caused by improperly situated buildings or structures; and enhance the overall quality of development in any zone district.

A.   GENERAL PROVISIONS

1.   Any building, structure, equipment or obstruction shall not be constructed, reconstructed, or altered except as hereinafter specifically allowed in these regulations and subject to all regulations and conditions enumerated in these regulations.

2.   Where a different requirement is established elsewhere within these regulations, it shall supersede the requirement contained within this section.

3.   Nothing within this section is intended to preclude compliance within any other local, state or federal regulations, including but not limited to Building and Fire Codes and Individual Sewage Disposal System Regulations.

4.   Unless otherwise permitted nothing within this section will allow for the projection of any building or structure into any platted utility and/or drainage easement.

5.   All setbacks shall be measured from the lot line unless otherwise indicated. In the case of an easement or other right-of-way for public road or street, the setback shall be measured from such.

6.   Setbacks for all roads identified on the El Paso County Major Transportation Corridors Plan, adopted as an amendment to the El Paso County Master Plan, shall be measured from the future right-of-way line of the aforementioned identified roads. Right-of-way widths for all roads identified on the Transportation Corridors Plan are set forth in the El Paso County Engineering Criteria Manual.

B.   PROJECTION INTO SETBACKS

1.   For property located in residential zone districts containing a minimum required lot size of one half (1/2) acre or less:

a.   A porch, four (4) feet by four (4) feet or less, may project into a required front or rear yard setback;

b.   Open and unenclosed patios, decks, platforms, landings or ramps may extend into required front, side or rear yard setbacks provided such patio, deck, platform, landing or ramp does not exceed eighteen (18) inches in height measured from the finished floor to any adjacent point of the finished grade;

c.   Awnings, chimneys and flues, sills, belt courses, cornices, eaves and other similar architectural features may project not more than two (2) feet into required front, side or rear yard setbacks;

d.   Cantilevered bay windows, no greater than twelve (12) feet in width, may project not more than three (3) feet into required front and/or rear yard setbacks provided that such window contains no supports that extend within the required front and/or rear yard setbacks.

2.   For property located in all zone districts:

a.   Wall signs may project into required front, side or rear yards not more than eighteen (18) inches.

C.   SETBACKS

1.   Establishment of required setbacks for lots located in residential zone districts containing a minimum required lot size of one half (1/2) acre or less not other-wise addressed within these regulations.

a.   Corner Lots

1)   The required front yard setback for that side of the dwelling where the driveway access to the street is not located may be one half (1/2) the required front yard setback of zone district the property is located, or fifteen (15) feet, whichever is greater, provided further, no part of any building or structure shall project into the corner visibility triangle as defined in the El Paso County Engineering Criteria Manual.

b.   Flag Lots

1)   The required front, side and rear yard setbacks shall be established by determining the front, side and rear lot lines as follows:

a)   Front Lot Line - The property line most parallel and nearest to the street from which access from the street is gained.;

b)   Rear Lot Line - The property line that is most opposite and/or parallel to the front lot line;

c)   Side Lot Line - All property lines that are not considered front or rear property lines.

c.   Irregularly Shaped Lots

1)   The Development Services Director shall determine the required setbacks and/or lot lines for property where the provisions of these regulations do not clearly establish such setbacks and/or lot lines.

D.   APPEAL

1.   The property owner shall have the right to appeal any decision by the Development Services Director regarding the administration of this Section. Such appeal shall be processed pursuant to Section 34 of the Land Development Code.

E.   VARIANCES

1.   Modifications to any of the regulations contained within this Section are considered by the Board of Adjustment pursuant to Section 34 of the Land Development Code.

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